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NY J85739





July 14, 2003

CLA-2-61: RR:NC:TA:N3:356 J85739

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010

Mr. Miguel Rivera
American Cargo Express, Inc.
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of a men’s knit jacket from China.

Dear Mr. Rivera:

In your letter dated June 6, 2003, you requested a tariff classification ruling on behalf of Ecko Complex. As requested, your sample is being returned.

Style 03515 is a men’s jacket constructed from 80 percent cotton, 20 percent polyester, finely knit fabric that is napped on the inside surface. The front panels of the jacket are lined with mesh knit fabric. Style 03515 features a stand up, rib knit collar; a full front opening with a zippered closure; elbow length raglan sleeves with rib knit cuffs; side entry, inset pockets below the waist; large, embroidered appliques on the center chest; and a rib knit bottom.

The garment is heavy weight and is designed as an outerwear garment to be worn outdoors over other outer garments. Consequently, the applicable subheading for Style 03515 will be 6101.20.0010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted: other than those of heading 6103: of cotton: men’s. The rate of duty will be 16 percent ad valorem.

Style 03515 falls within textile category designation 334. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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